Court of Appeals of New York

In an action under the Individuals with Disabilities in Education Act, in response to a certified question from the U.S. Court of Appeals for the Second Circuit, the Court of Appeals held under New York law that the non-custodial parent of a child does not retain decision-making authority pertaining to the education of the child where: 1) the custodial parent is granted exclusive custody of the child; and 2) the divorce decree and custody order are silent as to the right to control such decisions.

Appellate Information

• Decided 04/30/2009
• Published 04/30/2009

Judges

Court

• Court of Appeals of New York

Counsel